How will a DUI arrest affect my out of state license? 34 Answers as of June 21, 2011
I am planning on moving to a different state with my partner. I was convicted of drunk driving and my license has been suspended. How will I know what my rights will be once I move and do I have to report it to the state?Free Case Evaluation by a Local Lawyer!
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Free Case Evaluation by a Local Lawyer: Click hereJohn V Commons, Attorney at Law | John Commons
When you apply for a license in the new state, you will be asked about the location of your current state. They will check with the old state to determine whether to issue you a license or not.
Answer Applies to: Indiana
Replied: 6/21/2011
Law Office of Peter F. Goldscheider | Peter Goldscheider
Your driving privilege will likely be suspended in any other state because of the reciprocal provisions between states unless you get your driving privilege reinstated in California.
Answer Applies to: California
Replied: 6/20/2011
Thomas J. Tomko Attorney At law | Thomas J. Tomko
Most states are compact states, where the record is transferred. If you have completed your penalty in the home state, there is typically no further penalty in the new state. You would have to check with the DMV for the new state to be sure I hope that this was helpful.
Answer Applies to: Michigan
Replied: 6/20/2011
Law Office of Richard Williams | Richard Williams
In order to obtain a driving license in another state you must have your driving privileges reinstated in the State of Alabama.
Answer Applies to: Alabama
Replied: 6/17/2011
Law Office of Thomas A. Medford, Jr., PC | Thomas A. Medford, Jr.
Generally all states are members of an interstate compact which requires the member states to report revocations, suspensions and points to the state the driver is licensed in. If you move to a new state and the that state runs your name on the computers and you can be subject to the suspension. An attorney who is skilled in the representing drivers before state licensing authorities would be helpful.
Answer Applies to: District of Columbia
Replied: 6/17/2011
Timothy J. Thill P.C. | Timothy J. Thill
Probably, the DUI conviction in one state will be sent to the DMV of your state. Not knowing what states you are talking about, it is impossible to know exactly what actions will be taken by them, however. I would suggest you make a direct inquiry to the DMV in your home state, to determine the effect on your privileges there.
Answer Applies to: Illinois
Replied: 6/17/2011
Theodore W. Robinson, P.C. | Theodore W. Robinson
Yes, your state will be notified of the DWI conviction and it is likely to adversely affect your out of state license. Speak to an attorney in your home state about your rights and remedies and whether you must report it to your state or not. Good luck.
Answer Applies to: New York
Replied: 6/17/2011
The Law Office of Rosanne Faul | Rosanne Faul
You will need to clear the dl suspension before the other state will give you a license. Most states will allow you to clear the suspension once the full term is passed, but you will need to obtain the forms from the DMV to prove you have moved and possibly have insurance in that state.
Answer Applies to: California
Replied: 6/17/2011
Lowenstein Law Office | Anthony Lowenstein
That is a common question / issue - it depends on the interstate compact between the two states DUIs. Depending on the 2 states, the DMV of the new state may know about the DUI. For more information, please see my website.
Answer Applies to: California
Replied: 6/17/2011
Law Offices of Scott G. Hilderman | Scott G. Hilderman
Yes, the license suspension portion of a sentence is administrative. That is to say each state's laws will determine what the status of your license if after a DUI conviction. If convicted in Montana and you have an out-of-state license, Montana will notify the other state and the other state will suspend your license according to that state's laws.
Answer Applies to: Montana
Replied: 6/16/2011
Law Office of Phillip Weiser | Phillip L. Weiser
Usually most states are "reciprocal" with each other. This means what actions one state takes on your license will most likely be duplicated in the other states. So, your license suspension will probably follow you. The states will communicate with each other and know about the DUI.
Answer Applies to: Kansas
Replied: 6/16/2011
Vermeulen Law office P.A. | Cynthia J.Vermeulen
When you have a DUI/DWI license revocation or DUI/DWI conviction in Minnesota, it is communicated to other states' driver's license divisions. If you have an out of state DUI/DWI license revocation or conviction, if will be reflected on your Minnesota driving record and will affect your driving privileges in MN. The best course of action is for you to complete the requirements to get your license reinstated in your current state (state of DUI/DWI) before moving, in order to resolve this issue before applying for a license in the state you are moving into. If you are unsure of the driver's license reinstatement requirements, contact your local driver's license office or consult with an experienced criminal defense attorney in your area. As far as your obligation to report the DUI/DWI to the new state of residence, this depends on the state requirements, which probably require this disclosure. If you do not disclose information which is requested and are untruthful, the new state could refuse to grant you driving privileges.
Answer Applies to: Minnesota
Replied: 6/16/2011
Nelson & Lawless | Terry Nelson
Every state ties into the DOJ criminal records system, and will see the conviction and suspension when you apply for a license there. They will honor the suspension, and delay issuing a license until that suspension time is completed. You are obligated to advise them of it anyway.
Answer Applies to: California
Replied: 6/16/2011
The Law Offices of Gabriel Dorman | Gabriel Dorman
The fact that your driving privilege in California has been suspended will most likely affect your driver's license in your home state. All but 5 states belong to the Interstate Drivers License Compact (IDLC). The five states that are not part of the ILDC are Georgia, Massachusetts, Michigan, Tennessee and Wisconsin. The idea behind the ILDC is that every driver in the country has a single drivers license and a single driving record and, as such, participating states report driving arrests such as DUIs to each other. As a result, your home state will most likely take action against your driving privilege if you suffer a DUI suspension/conviction in another. What I would suggest, is to contact an experienced DUI attorney in your home state to see what needs to be done to get your license in order. You can also contact the DMV in your home state as well. I hope this answer was helpful. Good luck.
Answer Applies to: California
Replied: 6/16/2011
Law Office of Thomas F. Mueller | Thomas Mueller
Most states will require you to state under penalty of perjury that your license is not suspended in any other state. It may be that there is a process there to obtain a license without getting your license restored in Cal.You will need to go to the DMV in that state and ask. If they require that you get your privilege restored in Cal first then consult a lawyer here to determine whether that is possible in your circumstance.
Answer Applies to: California
Replied: 6/16/2011
Bloom Legal, LLC | Seth J. Bloom
This issue may arise if you are required to apply for a driver's license in your new state. Unless you have restrictions against your current driver's license or ability to drive, your previous DUI conviction should not have an adverse effect on your ability to drive in your new state. However, if you happen to be arrested and charged with DUI again in this new state within a certain time period (10 years in Louisiana) your new charges will be considered a second DUI offense in the new state and the penalties will be enhanced as a result. You may want to consider filing expungement proceedings to have your previous DUI conviction removed from your record if you are worried about the effect it will have on your ability to apply for jobs, etc in your new state. If you are seeking an expungement in Louisiana, we invite you to contact our firm at the information on this page for a free case evaluation.
Answer Applies to: Louisiana
Replied: 6/16/2011
Pontrello Law | William Pontrello
It will go on national computer and eventually be counted against you in you state.
Answer Applies to: Florida
Replied: 6/15/2011
Law Office of Jared Altman | Jared Altman
It depends on the rules of the State that you are moving to. You will need to consult with the department of motor vehicles there. My best guess is that you won't be able to get a license just for the asking unless your current driving privileges are restored. But, I could be wrong.
Answer Applies to: New York
Replied: 6/15/2011
Miller & Harrison, LLC | David Harrison
The new state likely will not issue you a license there until your license in Colorado is reinstated.
Answer Applies to: Colorado
Replied: 6/15/2011
Michael Breczinski | Michael Breczinski
Your suspension will be on the new license since the States have share this information. This is just like the points from out of State appearing on a license. You will have to do whatever the new State wants to get a license issued.
Answer Applies to: Michigan
Replied: 6/15/2011
Craig W. Elhart, P.C. | Craig Elhart
The state where you move to will be able to look at your Michigan driving record. Once they see your driving record, they will act according to the laws and rules of that state. A suspended license in Michigan may result in you inability to obtain a license in another state.
Answer Applies to: Michigan
Replied: 6/15/2011
Michael Anthony Wing, P.C. | Michael Anthony Wing
You must truthfully answer any application. I believe there are 5 states that do not participate in the interstate drivers compact. If you are moving to one of those states, you will likely be able to obtain a license there. Stay well.
Answer Applies to: Alabama
Replied: 6/15/2011
Law Offices of John Carney | John Carney
Most states have a reciprocal agreement to suspend your privilege to drive once another state has suspended or revoked your license due to a DWI, non-payment of child support, or other crimes such as drug possession. Contact the DMV in the state you are moving to in order to establish what if any effect it will have on your privilege to drive or get a license in that state. You must get a new license when you move to another state and you must report a new address to the DMV which can be done easily online in 10 minutes.
Answer Applies to: New York
Replied: 6/15/2011
Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
Most states will suspend you if you are suspended in any state. Whether you have any new legal obligations in the state to which you move is a question to ask an attorney in that state.
Answer Applies to: Oregon
Replied: 6/15/2011
The Law Offices of Robert L. Driessen | Robert L. Driessen
The other state will also suspended your license. You need to get this taken care of.
Answer Applies to: California
Replied: 6/15/2011
Austin Legal Services, PLC | Jared Austin
It will be up to that state to check your driving record which I'm sure they will. Each state has their own protocol and procedures and different infractions transfer differently. Contact the DMV of that state and explain the situation to them. I'm sure they will be able to give you an answer as to how it will effect your license in that state. More than likely is that if your license is suspended here, it will be suspended there as well.
Answer Applies to: Michigan
Replied: 6/15/2011
Law Office of Andrew Roberts | Andrew Stephen Roberts
You will not be able to get the new state's license until you complete all of the terms of your sentence in CA. SR 22; DUI school; fine, etc.
Answer Applies to: California
Replied: 6/15/2011
Fitzpatrick, Mariano, & Santos, PC | Raymond J. Savoy
Most likely the suspension will transfer to the state where you move. The Sept of motor vehicles enters your suspension on the national computer network
Answer Applies to: Connecticut
Replied: 6/15/2011
The Law Firm of Aaron Bortel Esq. | Aaron Bortel
What I can tell you is that if you have a California license, that license will remain suspended until you complete an in Person DUI class that is physically in California. If you cannot do so, once six months of suspension on your CA license is over, you can contact the Mandatory Actions Unit of DMV in Sacramento and request forms to have the suspension in CA lifted so you can try to get an out of state license. You will need SR-22 insurance and must maintain it for three years. The new state will probably see your driving record from CA since there is an interstate compact that includes almost every state. You will probably need to surrender your CA license in order to get the new out of state license. The new state may require some type of DUI classes, but you would need to check with their DMV. You should consult a DUI lawyer in the state you are moving to. Good Luck.
Answer Applies to: California
Replied: 6/15/2011
Law Offices of Steven R. Decker | Steven Decker
Failure to accurately reflect your license status could result in additional criminal penalties in your new state. Also, your new state will probably be aware of your suspended status in the former state.
Answer Applies to: Illinois
Replied: 6/15/2011
Cynthia Henley, Lawyer | Cynthia Henley
If your driving privileges have been suspended, the new state will know and enforce that suspension when you attempt to get a new driver's license. You need not report anything to any body. If your license is suspended, you may have to consult with a lawyer in your new state to determine if and how you can get an occupational license and what it takes to get your license back. (In most states, they require that your license be cleared in the state the suspended the license before the new state will issue you a license.)
Answer Applies to: Texas
Replied: 6/15/2011
Andersen Law PLLC | Craig Andersen
It will depend on whether the state you are moving to is part of the Interstate Compact on Drivers Licenses. To find out, search the internet for a list of Interstate Compact States.
Answer Applies to: Washington
Replied: 6/15/2011
Law Office of Jeff Yeh | Jeff Yeh
If the state is part of the DMV/BMV interstate compact, then the new state will not issue you a license unless and until you have fulfilled all the requirements of the state where you got your DUI. This usually includes completing a DUI program in the state that you got the DUI. And no, out of state programs will not be recognized by the DMV, even if it is by the court.
Answer Applies to: California
Replied: 6/15/2011
Law Office of Jonathan T. Sarre | Jonathan T. Sarre
Most states have agreements to honor each other's license suspensions. Thus if Massachusetts suspends you, Nevada isn't supposed to give you a license until Mass was going to grant you reinstatement. This isn't always the case however, and the record keeping isn't always up to speed so what you should do is check with DMV in the state you plan to move to.
Answer Applies to: Oregon
Replied: 6/15/2011

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